CASE COMMENTS: STATE AIDS - DECISION TO OPEN THE FORMAL PROCEDURE – LEGAL CERTAINTY

Formal procedure : The General Court of the European Union considers that the Commission could not reopen a formal investigation procedure after having adopted a final decision on the same measures, even though that final decision has been annulled after the reopening (Deutsche Post)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court of First Instance annulled a decision to initiate the formal investigation procedure taken by the Commission in 2007 concerning the grant of public funds to Deutsche Post, a former public operator. The measures examined are various and old. They have been the subject of several decisions and several judgments, the tangle of which explains the solution adopted. To confine ourselves to a few elements of this complex configuration, it will be remembered that an initial opening decision concerning the same measures as those at issue here was adopted by the Commission in 1999, that in 2002 the Commission adopted a final decision, essentially

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Formal procedure : The General Court of the European Union considers that the Commission could not reopen a formal investigation procedure after having adopted a final decision on the same measures, even though that final decision has been annulled after the reopening (Deutsche Post), 18 September 2015, Concurrences N° 4-2015, Art. N° 76149, pp. 167-169

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